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§ 1-1.1005 Classification codes.
The classification codes to be shown in synopses messages, as required by $ 11.1003–7(b) (4) for proposed procurements and § 1-1.1004–1(b) (3) for contract awards, shall be in accordance with this § 1-1.1005. Services (including construction and experimental, developmental, test, and research work) shall be coded with the applicable letter code set forth in § 1-1.1005-1. Supplies shall be coded with the applicable two-digit numerical code set forth in § 1-1.1005–2. § 1-1.1005_1 Codes for services.
The code letters to be used for services are as follows: Code Description of Services A Experimental, Developmental, Test, and
Research Work (research includes both
basic and applied research). J Maintenance and Repair of Equipment. K Modification, Alteration, and Rebuilding
of Equipment. L Technical Representative Services (Ex
ample: Services of technical specialists required to advise and assist with respect to the installation, checking, operation, and maintenance of complex
equipment). M Operation and Maintenance of Govern
ment-Owned Facility. N Installation of Equipment (use code K if
the procurement also involves modification, alteration, or rebuilding of the
equipment). P Salvage Services (services required to sal
vage property of any kind). Q Medical Services. R Architect, Engineer, Expert, and Consul
Care of remains-funeral services.
Description of Services
Passenger and cargo transportation.
Railway equipment charter.
Lease of ADP or EAM equipment.
Lease of earth-moving equipment. Y Construction (includes construction, al
teration, and repair of buildings, structures, and other improvements to real property, including roads, bridges, tunnels, sewers, power lines,
railways, docks, levees, and canals). Z Miscellaneous (includes services which
do not fall within any of the above). § 1-1.1005–2 Codes for supplies.
The two-digit code numbers to be used for supplies are as set forth below. The numbers and descriptions used are the same as the 76 assigned commodity groups of the Federal Supply Classification system as shown in the Cataloging Handbook, H 2-1, Federal Supply Classification, Part 1, Groups and Classes. This handbook, together with Cataloging Handbooks H 2-2 (Numeric Index of Classes) and H 2-3 (Alphabetic Index), will be helpful in determining the proper code to be assigned to supply items in synopses messages. These handbooks may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Code
Description of Supplies 10 Weapons. 11 Nuclear Ordnance. 12 Fire Control Equipment.
Ammunition and Explosives. 14 Guided Missiles. 15 Aircraft; and Airframe Structural Com
ponents. 16 Aircraft Components and Accessories. 17 Aircraft Launching, Landing, and
Ground Handling Equipment. 18 Space Vehicles. 19 Ships, Small Craft, Pontoons, and Float
ing Docks. 20 Ship and Marine Equipment. 22 Railway Equipment. 23 Motor Vehicles, Trailers, and Cycles. 24 Tractors.
Vehicular Equipment Components. 26 Tires and Tubes. 28 Engines, Turbines, and components. 29 Engine Accessories. 30 Mechanical Power Transmission Équip
Description of Supplies 31 Bearings 32 Woodworking Machinery and Equipment. 34 Metalworking Machinery. 35 Service and Trade Equipment. 36 Special Industry Machinery. 37 Agricultural Machinery and Equipment. 38 Construction, Mining, Excavating, and
Highway Maintenance Equipment. 39 Materials Handling Equipment.
Rope, Cable, Chain, and Fittings. 41 Refrigeration and Air-Conditioning
Equipment. 42 Fire Fighting, Rescue, and Safety Equip
ment. 43 Pumps and Compressors. 44 Furnace, Steam Plant, and Drying Equip
ment; and Nuclear Reactors. 45 Plumbing, Heating, and Sanitation
Equipment. 46 Water Purification and Sewage Treat
ment Equipment. 47 Pipe, Tubing, Hose, and Fittings. 48 Valves. 49 Maintenance and Repair Shop Equip
ment. 51 Hand Tools. 52 Measuring Tools. 53 Hardware and Abrasives. 54 Prefabricated Structures and Scaffolding. 55 Lumber, Millwork, Plywood, and Veneer. 56 Construction and Building Materials. 58 Communication Equipment. 59 Electrical and Electronic Equipment
Components. 61 Electric Wire, and Power and Distribu
tion Equipment. 62 Lighting Fixtures and Lamps. 63 Alarm and Signal Systems. 65 Medical, Dental, and Veterinary Equip
ment and Supplies. 66 Instruments and Laboratory Equipment. 67 Photographic Equipment. 68 Chemicals and Chemical Products. 69 Training Aids and Devices. 71 Furniture. 72 Household and Commercial Furnishings
and Appliances. 73 Food Preparation and Serving Equip
ment. 74 Office Machines and Data Processing
Equipment. 75 Office Supplies and Devices. 76 Books, Maps, and Other Publications. 77 Musical Instruments, Phonographs, and
Home-Type Radios. 78 Recreational and Athletic Equipment. 79 Cleaning Equipment and Supplies. 80 Brushes, Paints, Sealers, and Adhesives. 81 Containers, Packaging, and Packing
Supplies. 83 Textiles, Leather, and Furs. 84 Clothing and Individual Equipment. 85 Toiletries. 87 Agrucultural Supplies. 88 Live Animals. 89 Subsistence. 91 Fuels, Lubricants, Oils, and Waxes. . 93 Nonmetallic Fabricated Materials.
Description of Supplies 94 Nonmetallic Crude Materials. 95 Metal Bars, Sheets, and Shapes. 96 Ores, Minerals, and Their Primary Prod
ucts. 99 Miscellaneous. Subpart 1-1.11-Qualified Products § 1-1.1101 Procurement of qualified
products. (a) Whenever qualified products are to be procured only bids or proposals offering products which have been qualified prior to the opening of advertised bids or the award of negotiated contracts shall be considered in making an award. Manufacturers having products which have been qualified but which are not yet included on the qualified products list involved, should be given consideration and an opportunity to offer evidence of such qualification in the time interval before award must be made. (Other instructions concerning establishment of qualified products lists, qualification of products, etc., are contained in General Services Administration Regulation 1-VI, Part 2.)
(b) Whenever procurement of qualified products is to be made by formal advertising, the following provision shall be inserted in invitations for bids:
QUALIFIED PRODUCTS With respect to products described in this invitation as requiring qualification, awards will be made only for such products as have, prior to the time set for opening of bids, been tested and approved for inclusion in the qualified products list identified below. Manufacturers who wish to have a product tested for qualification are urged to communicate with the officer designated below. Manufacturers having products not vet listed, but which have been qualified, are requested to submit evidence of such qualification with their bids, so that they may be given consideration.
[Identify the Qualified Products List involved and give the name and address of the office with which manufacturers should communicate.]
(c) The provision in § 1-1.1101 (b) shall be appropriately modified and used in requests for proposals when procurement of qualified products is to be made by negotiation.
Subpart 1-1.12 [Reserved]
Subpart 1-1.16—Reports of Identical
Bids § 1-1.1601 General.
(a) This Subpart 1-1.16, developed cooperatively with the Department of Justice, prescribes procedures for submitting reports to the Attorney General in accordance with Executive Order No. 10936 of April 24, 1961 (3 CFR, 1959– 1963 Comp., pp. 466–468), when identical bids are received in connection with the procurement of personal property or nonpersonal services (including construction).
(b) The purpose of the Executive order is to discourage identical bidding; to reduce the costs of the Government; to aid in the enforcement of the antitrust laws and the maintenance of a competitive economy; and to provide the Attorney General such information as may tend to establish the presence of a conspiracy in restraint of trade and which may warrant further investigation with a view to preferring civil or criminal charges.
(c) The reports required by this subpart are in addition to and are not to be considered as satisfying the requirements of Subpart 1-1.9 for reporting cases of possible antitrust law violations to the Attorney General. § 1-1.1602 Definitions.
As used in this Subpart 1-1.16, the following terms shall have the meanings set forth:
(a) “Identical bids” means two or more bids for the same line item which:
(1) Are identical on their face (disregarding the application of evaluation factors such as discount and transportation cost) as to unit price or total line item amount; or
(2) Are found, in the normal process of evaluating bids for award, to be identical as to unit price or total line item amount. (Line item evaluation computations beyond those normally made to determine the low acceptable bidder are not required.)
(b) "Line item” means a procurement item (as defined in § 1-1.220) specified in an invitation for bids which, under the terms of the invitation, is susceptible to a separate contract award.
(c) "Bid value” means the dollar amount computed by multiplying the line item quantity specified in the invitation for bids by the lowest unit price bid for the line item. Where a line item quan
tity is not specified in the invitation, as in the case of requirements type or indefinite quantity type contracts, the bid value of the line item is the dollar amount computed by multiplying the estimated line item quantity by the lowest unit price bid for the line item. § 1-1.1603 Reporting requirements. § 1-1.1603–1 Cases to be reported.
(a) A report shall be submitted by executive agencies to the Attorney General as provided in this § 1-1.1603 whenever (1) the total bid value of all line items covered by an invitation for bids issued under formal advertising procedures, or under small business restricted advertising procedures (see § 1-1.701-9), exceeds $10,000, and (2) identical bids have been received on at least one line item having a bid value of more than $2,500. However, a report will not be submitted where bids are received only from foreign sources in response to invitations for bids requiring delivery and performance outside the United States, its possessions, and the Commonwealth of Puerto Rico.
(b) Reports are required on reportable identical bids regardless of whether an award is made on the line item, the invitation is canceled, or some other disposition is made after bid opening. Line items on which identical bids are received are not reportable if the bid value of the line item is $2,500 or less. Likewise, line items on which no identical bids are received are not reportable. § 1-1.1603–2 Preparation of reports
(a) Identical bid reports shall be made on U.S. Department of Justice Form DJ1500, Identical Bid Report for Procurement (for illustration of the form, see § 1-16.903-DJ1500). Form DJ-1500 is available in pads of 100 at General Seryices Administration supply depots (Federal Stock No. 7540–823–7870). Instructions for filling out the form are printed on the cover of each pad of forms.
(b) All bids on each line item on which reportable identical bids are received shall be shown on the report whether or not the identical bids were the low bids. § 1-1.1603–3 Submission of reports.
(a) Identical bid reports shall be sent to the Attorney General within 20 days following the disposition of all bids received in response to the invitation for bids, whether by the awarding of one or more contracts or other action.
(b) Two completed copies of each (b) If the answer to (a) above is “Yes," identical bid report, together with one
bidder shall insert in the space below the copy of the invitation for bids and one
name and main office address of the parent
company. copy of the completed abstract of bids, shall be sent to the Attorney General,
(Name) Ref. AT-IBR, Washington, D.C. 20530. When the number of line items on an
(Address) invitation exceeds 100, a copy of the ab (c) Bidder shall insert in the applicable stract of bids need not be furnished. In
space below, if he has no parent company,
his own employer's identification number such cases, however, the identical bid re
E.I. No.) (Federal social security number port shall be annotated to indicate the
used on employer's quarterly Federal tax renumber of line items and the number of turn, U.S. Treasury Department Form 941), bidders on the invitation.
or, if he has a parent company, the E.I. No. (c) A copy of each identical bid report of his parent company. shall be retained by the reporting
Bidder's E.I. NO. ----activity.
Parent Company's E.I. No. -----81_1.1604 Supplemental requests by § 1-1.1605–2 Failure to provide infor. Attorney General.
mation. The Attorney General may, from time .
(a) If a bid does not contain the into time, request such supplemental in
mental in formation called for by the invitation formation with respect to identical bid
for bids provision in § 1-1.1605–1 and reports submitted to him as he may deem
an identical bid report is required under necessary for effective enforcement of
§ 1-1.1603-1, one inquiry shall be made antitrust laws.
of the bidder in an effort to obtain the
information. If the information is not § 1-1.1605 Information to be obtained available after inquiry, the identical bid from bidders.
report shall be annotated so to indicate. § 1-1.1605–1 Invitation for bids provi (b) Failure to provide information sion.
concerning employer identification numA provision substantially as follows
ber or parent company relationship shall shall be inserted in all invitations for
not be considered a basis for rejection of
bids. bids for the procurement of personal property or nonpersonal services (in
Subpart 1-1.17 [Reserved] cluding construction) under either formal advertising procedures or small busi- Subpart 1-1.18—Postaward Orienness restricted advertising procedures
tation of Contractors where it is estimated that the total bid
SOURCE: The provisions of this Subpart value of all line items covered by the 1-1.18 appear at 31 F.R. 12437, Sept. 20, 1966, invitation may exceed $10,000:
unless otherwise noted. PARENT COMPANY AND EMPLOYER IDENTIFICA 8 1-1.1800 Scope of subpart. TION NUMBER
The subpart prescribes policies and Each bidder shall furnish the following information by filling in the appropriate
procedures regarding the postaward blocks:
orientation of contractors performing (a) Is the bidder owned or controlled by contracts and subcontracts for supplies a parent company as described below? and services (except construction). Yes O No o
§ 1-1.1801 [Reserved] (For the purpose of this bid, a parent company is defined as one which either owns § 1-1.1802 Policy. or controls the activities and basic business policies of the bidder. To own another com
(a) When it is determined after conpany means the parent company must own tract award that the contractor does not at least a majority (more than 50 percent) or may not have a clear understanding of the voting rights in that company. To
of the scope of the contract, of its techcontrol another company, such ownership is not required; if another company is able
nical requirements, or of the rights and to formulate, determine, or veto basic busi obligations of the parties, postaward ness policy decisions of the bidder, such orientation conferences may be employed other company is considered the parent com
(see § 1-1.1803) in order to clarify these pany of the bidder. This control may be
matters. Where less complex contracts exercised through the use of dominant minority voting rights, use of proxy voting,
e of proxy voting.. are involved, simpler means may be used, contractual arrangements, or otherwise.) such as a letter to the contractor (see
§ 1-1.1806). Postaward orientation of subcontractors also may be employed (see § 1-1.1804).
(b) However, a postaward orientation conference may not be used in substitution for affirmative preaward determinations as to a bidder's responsibility, e.g., as to his willingness and ability to comply with the equal employment opportunity requirements (see $§ 1-1.310-5(a) (5) and 1-1.310–6). § 1-1.1803 Postaward orientation con
ferences. § 1-1.1803–1 Factors.
In selecting contracts for postaward orientation, the selection should include consideration of the following factors:
(a) Nature and extent of the preaward survey and any prior discussions had with the contractor;
(b) Technical complexity of the item or service;
(c) End use of the item or service, particularly its relation to critical programs;
(d) Urgency of the delivery schedule;
(e) Length of the planned production cycle;
(f) Past performance of the contractor;
(g) Procurement history of the item or service;
(h) Type and value of the contract;
(i) Requirements for spare parts or related equipment;
(j) Contractor's experience with the agency's contracts, or with the item or service being procured;
(k) Extent of subcontracting; and
(1) Safety precautions required for hazardous materials or operations. § 1-1.1803–2 Initial action.
(a) The need for a postaward orientation conference normally will be established by the contracting officer or the head of the office in charge of contract administration as a result of substantive review and analysis of the contract and related reports. It is desirable for in terested Government personnel to hold a meeting prior to the conference to assure that an appropriate and coordinated Government position is developed regarding indicated questions and problems.
(b) An orientation conference should be held, as soon as possible after the contract award, when analysis of the contract or other information indicates that existing or potential problems may
adversely affect the performance of the contract. The official who determines that a postaward orientation conference is needed should normally make all necessary arrangements to:
(1) Conduct a preliminary meeting of Government personnel;
(2) Establish the time and place of the orientation conference;
(3) Prepare an agenda or checklist;
(5) Designate a conference chairman (this should be the contracting officer if he will be a participant; and
(6) Prepare a summary report of the conference, when necessary. When the contracting officer initiates the request for a conference, the arrangements referred to in this paragraph may be made by him or, at his request, by the office in charge of administration. § 1-1.1803–3 Agenda.
The agenda of or checklist for an orientation conference may include such matters as:
(a) Special contractual provisions;
(b) Clarification of specifications and other work requirements;
(c) Production planning;
(d) Furnishing and control of Government property;
(e) Billing and payment procedures; (f) Reporting requirements;
(g) Processing of engineering changes and change orders;
(h) Quality control and testing requirements;
(i) Requirements for spare parts or related equipment;
(j) Packaging and shipping;
(1) Prime contractor responsibility for subcontracts;
(m) Allowability of cost determinations;
(n) Incentive features;
(q) Major problem areas or other appropriate topics. § 1-1.180344 Participants.
It is essential that all parties involved in the execution, administration, and performance of a Government contract have a clear and mutual understanding of the scope of the contract, the technical requirements, and the rights and obligations of the parties. Participants in a postaward orientation conference may include, as appropriate, the contracting